( 1 ) THIS appeal is against the judgment dated 27/6/1988 by which the second appeal filed by the appellant has been dismissed. Briefly stated the facts are as follows: one Mathura was the owner of certain properties. He had only one son by name Sarju. Sarju had four sons and three daughters. The four sons were Tulsidas, Kabirdas, Baijnath and Ram Vishal. It is an admitted position that Tulsidas died in 1930. Tulsidas left a widow by name Manki Devi who died on 31/12/1988. Tulsidas and Manki Devi had no issue. Manki Devi by a gift deed dated 1/4/1972 gifted the suit properties to the respondent Jagan Nath.

( 2 ) AS Manki Devi had executed the gift deed dated 1/4/1972, the appellants who are the three sons of Sarju filed a suit for declaration that the gift deed was null and void and not binding on them and that the respondent Jagan Nath got no right, title and interest in any of the properties of Sarju.

( 3 ) BETWEEN the parties, there was initially a dispute as to when Sarju died. According to the appellants he had died in 1952 whereas Manki and Jagan Nath claimed that he had died in 1958. It has been held by the courts below that Sarju had died in 1952. There has been no challeng